Be Compliant or Go To Jail!

It is a misdemeanor crime to make a bail arrest in California of an out-of-state bail fugitive without first getting a signed petition from a judge in the area where you think the bail fugitive can be located--period!

Contrary to popular belief here in the PRC, a BEA who has state issued certs to carry a baton and firearm open-carry will NOT be carrying these items lawfully unless that person is working for and on duty with a Department of Consumer Affairs Bureau of Security and Ivestigative Services Licensee irrepsective of whether or not that person has a current Guard Card--period!

It is a Felony to carry a baton unlawfully.

So far as I know, there is nothing in California law that enables a private citizen without a CCW permit to carry a concealed weapon; BEAs must carry exposed, provided that possession of the firearm is lawful in the first place, to be in compliance.

Finally, a California BEA cannot even lawfully "investigate" a case without first having the required original docs as mandated by law and is 1299 qualified--period!

Forgive my harsh tone here, but I will not stand silent should there be people here cutting corners. All that it will take to change California law is one screw up where the guilty party or parties is not in compliance.

BE ADVISED: at this time I am inclined to prepare a brochure detailing what a private citizen can and cannot do in California for dispersal to every police chief, sheriff, and district attorney in California, should I continue to hear that people are acting unlawfully or in such a way and manner as to endanger my business and the trade here in California.

Rex

I'd like to see all of the codes on that. I have some disagreements with that perspective in some parts. Since most of our laws follow the private party arrest, and it would seem that security officers and bail enforcement are not sworn then they would be private persons.

In the case of 1299 PC - This code makes specific application as to who can and cannot arrest a bail fugitive in California. It says in part: no-one other than the persons meeting the specified categories may arrest a bail fugitive.

As for getting a "petition". Good luck. Maybe, and maybe not. But still yet, the pc reffered to is conflcitive with case law on the books regarding mitigation of damages. It is always clear in the civil code that the damaged party has the right to mitigate their own damages. The referenced code refers to conflict legislature.

Batons and weapons: It is a clear pice of legislature that says that anyone may carry a weapon during the course of a lawful arrest. The code does not reference concealed or not concealed. So knowing this, the law is subjective. You are leading the reader to belive that there is a specific code indicating that you may not carry a concelaed weapon. There is, but you may during the course of a lawful arrest. Again the subjectiveness.

As for a baton. You must have a permit to carry a bato. I do agree that the baton and weapons cards statutes normally apply to security officers, and were designed around that profession.

However again, the bail enforcement arrest is a private party arrest. And a private party may "use all lawfull force necessary to conteract the force used against he or she during the course of effecting a lawful arrest.

There is also a law that says that any person making a lawful arrest may summons anyone near he or she and to aid in that arrest, and they must not refuse. Good luck with that in SOuth Central.

A private party in California may not conduct investigations for hire without first being a licensed private investigator. Period. A "certified" BEA may inquire about a case with or without documents, they just cannot arrest on the bail bond. However they may arrest on any other crime being committed, i.e. PC 1551 Out-Of-State fugitive, so in as much as they have first hand knowledge of the fact that the defendant is in fact a out-of-state fugitive. The only document required for the bail arrest is a 1300 affidavit and evidence on the part of the BEA of compliance with 1299 PC.


As for any brochures or documents sent to law enforcement, that seems a bit foolish. Just my opinion. Don't get me wrong. I agree that people need to follow the law. However the law is extremely subjective to interpretation. And unless you had an attorney with you during each arrest to preface your every move, you could still be in trouble.

In contrast, it is imporant to remember that the law is full of conflcit that is usually later resolved with case law. And there is no black and white, with the exception of the terms of 1299 PC where it concerns persons authorized to arrest a bail fugitive. And I think if tested that this law would fail the upper courts scrutinty.

But beware those who come here that are not licensed or certified, or 1299 compliant. You could go to jail for "bounty hunting" without meeting the requirements of 1299 PC. However it will take PD about 200 years to figure out what you can and cant do, with or without a brochure...

_________________
Eric Kindley
Court Services Inc
"What can the bear do for you?"

The arrest of a bail bond fugitive by the bail agent who posted the bond or his agent arrives from a private, civil contract and therefore is a civil matter amounting to private contract enforcement before an FTA and a citizens arrest after an FTA.

There is no need for construction when it comes to who may and who may not make a bail arrest. PC 1299.01 subsection (d) plainly requires compliance with PC 1300 AND 1301--"written authorization"--to "investigate." PC 1300(a)(1) set out what documents must be submitted to the agency during booking. I am aware of BEAs who have been arrested for not having an Authority To Arrest form, which also resulted in firearms charges notwithstanding PC 12031(k).

With regards to PC 847.5, again there is no need for construction as the code is clear: "A bondsman or other person who is bail for a fugitive admitted to bail in another state who takes the fugitive into custody, except pursuant to an order issed under this section, is GUILTY OF A MISDEMEANOR." [emphasis added]

Now, in cases where a BEA moves to "investigate" the whereabouts of an out-of-state bail fugitive in California without "written authorization" or a "petition," one can easily see the potential legal problems of such an undertaking and the risk of being arrested for doing so.

As for getting signed petitions, I don't need "luck." I have never had a problem getting the mandatory legal authorization to act lawfully on a out-of-state case.

By suggesting that a petition is too hard to get and therefore is not feasible is to suggest that people should discard the letter of the law in such a way that the "foolish" argument for raising the awareness of California law enforcement is self-defeated.

While uncited reference to "mitagation of damages" was raised, it is imperative to remember that bail enforcement is a strange mix of civil and criminal law. For example, I appear in Criminal Court as a moving party on civil matters--bail motions. Using a civil argument on a civil matter that crosses over to criminal codes to side-step criminal codes is risky at best.

Weapons: the law does not say that "anybody" can carry a weapon while making or attempting to make an arrest. The law states that the possession of the firearm must first be lawful. In other words, if a BEA is not in lawful possession of a firearm then that person will not be 12031(k) exempt.

Use of Force: The law does not allow a private person to use any force necessary to make an arrest, which could include deadly force. BEAs may use reasonable force, but I'm not aware of any reference that includes items such as pepper spray, tasers, or batons in making an arrest. The aforementioned items are specifically listed as DEFENSIVE weapons. Using a weapon falls under defense and not as a means to make an arrest. A self-defense argument is nullified when the BEA being attacked becomes the agressor after the skip or other persons break off the attack and the BEA continues the fight.

Summons of Aide (PC 839): Any person may request assistance, but first the arrest must LAWFUL!!! If a BEA has failed to comply with what makes a bail arrest lawful then PC 839 does not apply.

Private Party Investigations: Business & Professions is clear in that only a licensed PI can hire out for private investigations, but B&P fails to make the exception for bail agents. The penal code allows for a bail agent or his agent to investigate the whereabouts of a bail fugitive client. No PI licensed is needed in this case.

PC 1551: I find the stated interpretation of this code overly narrow and even fallacious. Said code still requires that an affidavit be taken before a magistrate (just like in PC 847.5) and the magistrate then issues a warrant for any "peace officer" to enforce. From my reading, there is nothing that allows a private citizen to summarily declare an arrest a 1551 arrest.

PC 1551.1 only allows a "peace officer" to make a warrantless arrest of an out-of-state fugitive; indeed, there is nothing in the code that enables a BEA to arbitrarily make the arrest as previously indicated.

Again, arresting an out-of-state skip in California without first obtaining a petition pursuant to 847.5 is simply and plainly a crime--period!

Finally, PC 1299.02(a) is perfectly clear: "No person" can make a bail arrest without being in complaince with PC 1299.01(d), which requires complaince with PC 1300 & 1301 PRIOR to even investigating a bail case!!!


One should take caution in putting forth an argument, however cryptic, that it is okay to act outside the boundries of the law for expediency or some other inability or failure to be in compliance.

As I've always said: bail is complex. However, it isn't that difficult to be in compliance, and putting forth an awareness brochure to law enforcement will only impact the lazy, the ignorant, and the law breaker.

Rex